Hawaii 2022 Regular Session

Hawaii House Bill HB439

Introduced
1/25/21  

Caption

Relating To The Protection Of Tenants.

Impact

The legislation introduces significant changes to the landlord-tenant code by prohibiting landlords from recovering possession of rental units from tenants when there are serious habitability issues. It also limits tenants' liabilities for rent to the fair rental value of the premises when habitability is compromised. This shift aims to create a more balanced relationship between tenants and landlords, empowering tenants to hold their landlords accountable for maintaining proper living conditions without the threat of eviction. Furthermore, the bill seeks to remedy situations of retaliatory eviction, thus offering an avenue for tenants who experience backlash for asserting their rights.

Summary

House Bill 439 aims to protect tenants in Hawaii by addressing issues related to habitability and unlawful evictions. Recognizing Hawaii's high percentage of renters and the severe shortage of affordable housing, this bill is designed to ensure that tenants are not at risk of eviction when the habitability of their rental units is significantly impaired. The bill emphasizes that landlords are responsible for maintaining habitable conditions in their properties and cannot retaliate against tenants who seek repairs or report violations of health codes. This protective measure is crucial in the context of rising homelessness and the detrimental effects that eviction can have on families and communities.

Contention

While supporters of HB 439 argue that the bill is necessary for tenant protection and housing stability, potential concerns arise around its implementation and enforcement. Opponents may question whether the bill provides enough clarity on what constitutes 'significant impairment' of habitability, thus possibly leading to disputes during eviction proceedings. Furthermore, landlords may voice concerns about the increased burdens placed upon them to ensure compliance with stricter regulations. Balancing the interests of both parties is essential to ensure that the bill achieves its intended goals without inadvertently discouraging rental investments or leading to other unintended consequences.

Companion Bills

No companion bills found.

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